New Orleans Personal Injury Basics
So, you’ve been in an accident. Last year alone, there were almost six million car crashes. And with those crashes, come injuries. And with those injuries comes a need for compensation for medical bills, time lost from work, and even how they might affect your day to day life.
Why do these accidents happen? Let’s start with negligence. Now, The law of negligence assumes that people who operate cars will do so with reasonable care under the circumstances. Failure to do so constitutes Negligence under the law. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. If you have been injured due another’s negligence, you are known as the plaintiff, and it is up to you to prove that the defendant was negligent, that the negligence was a cause of the accident, and that the accident caused the your injuries.
Next comes determining fault. Who is at fault in a traffic accident is a matter of deciding who was negligent. Fault may seem obvious, but that’s not always the case. Harold Ehrenberg will examine every variable to help you determine who was at fault for your accident, including police reports, Louisiana traffic laws, and witnesses.
Courts look to a number of factors in determining whether a driver was negligent. Factors like
- Was someone disobeying traffic signs or signals
- Failing to signal while making a turn
- Driving above or below the posted speed limit
- Driving under the influence of drugs or alcohol
A driver may also be liable for an accident due to intentional or reckless conduct such as aggressive driving. Or Speeding above the posted limit, Improper or excessive lane changing, and Improper passing,
Then there’s drunk driving. About every hour, someone in the US dies as a result of an alcohol related crash. And the injuries last year related to driving under the influence numbered over a million. Lawsuits arising from a drunk driving accident, include not only the driver’s liability for injuries caused, but also a bar or social host may be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. But the fact that the person who served the intoxicated driver alcohol may be held liable doesn’t relieve the intoxicated driver of liability, however. Harold can help you with all of your questions regarding laws governing liability and who might be responsible for your injuries, whatever the circumstances.
Sometimes, an accident isn’t caused by a driver at all. For example, a car accident may occur due to a defect in someone’s automobile. In such a case, the car manufacturer may be responsible for injuries caused by that defect. Other factors, such as a badly maintained road and malfunctioning traffic control signals can contribute to causing an accident. Improper design, maintenance, construction, signage, lighting, or other highway defects, including poorly placed trees and utility poles, can also cause serious accidents. In these cases, local governments may be potential defendants. Note however, that special rules apply to claims and lawsuits brought against governmental bodies. Harold Ehrenberg can explain these circumstances in greater detail.
If you or someone close to you has suffered a car accident injury, allow Harold Ehrenberg to review your claim to see who was negligent and if that negligence caused your injury.